Empirical Research On Victim-Offender-Reconciliation In Public Prosecuting Cases

Criminal reconciliation system in the case of public prosecution is a kind of to both parties through consultations, voluntary settlement to restore the damaged social relations, in the form of greater because of its liability consequences of the punishment, accorded with the criminal policy of tempering justice with mercy, the judicial organs around in practice continuously explore judicial experience and working pattern, promotes the public prosecution system of criminal reconciliation in the establishment and perfection of legislation. 2012 "criminal procedural law" in the second chapter 5 make the settlement by the parties as an independent judicial proceedings in the case of public prosecution is regulated, for public prosecution to handle provides a new mode of settlement. In this paper, the current related to the reconciliation system in the case of public prosecution in the criminal procedure law of the proceedings, the content of litigation, the provisions of the scope of litigation, etc in detail, to help the judicial workers to understand the system, promote the implementation of the system in practice. Due to settlement in the case of public prosecution system is mainly used in the grass-roots court, so based on the grass-roots court's judicial practice, criminal reconciliation cases summary experience, find out the problems existing in the applicable and confusion and proposes the corresponding perfect suggestion, is of great significance. In this paper, the author combined with internship experience in grassroots courts, by looking at the 2013-2015 the court cases of successful treatment of criminal reconciliation, and read thousands of cases of China's judicial documents online data, using data reading, quantity statistics, questionnaire and interview methods such as pay, strive to comprehensively manifest the grass-roots court in criminal reconciliation in practice. Grass-roots court public prosecution criminal reconciliation system in our country render an empirical contribution to the study.Article mainly divides into four parts, the first part mainly introduces the criminal procedure law about public prosecution in the criminal reconciliation system related content, interpretation of criminal reconciliation system in the case of public prosecution applicable conditions, suitable scope and applicable procedures, detailed elaborated the criminal procedure law shall be applicable to the article two hundred and seventy-nine of the criminal reconciliation system after the criminal suspect from the provisions of the punishment. Public prosecution system of criminal reconciliation is the national public power to a certain extent for the assignment of individual rights and so on the concrete applicable scope of cases also have certain restriction, and ruled out the applicable provisions on the scope of regulation. The second part is mainly the author combined with internship experience in grassroots courts, by looking at the criminal reconciliation case in recent years a line the judge handling the case materials, questionnaire, telephone return visit to the parties involved, the courts at the grass-roots level of public prosecution of criminal reconciliation system running empirical investigation, observation system of the practical situation. Column chart, analyze data, such as form, image through intuitive display of the operation situation of the system, analyzed 2013-2015 applicable criminal reconciliation system in the case of public prosecution case number and proportion of application of all kinds of case settlement patterns and reconciliation agreement, the parties involved in the circumstances, reconciliation after the sentencing, non-durance penalty conditions apply to imprisonment and etc. The third part mainly analyzes the grass-roots court bright spots and problems in applicable criminal reconciliation system, focus on analysis on the case scope of breakthrough cases stipulated in the criminal procedure law of the several types, the lawyer participation in the process of reconciliation, the applicable conditions etc. Although there are a lot of practice in the window, but also has many problems, such as settlement mode single, lack of reconciliation voluntary standards, the settlement agreement to perform a risk, etc. But can only be targeted for finding problems, would provide the effective reference for future improvement work. Finally combining with the judicial staff's individual interview, telephone pays a return visit, the victims in study practice situation in other parts of the system and on the basis of reading a large number of literature, in view of the problems found, a friendly corresponding measures are put forward. Hope that through the empirical analysis of the grass-roots court, with small peep, criminal reconciliation system of public prosecution in the operation of the grassroots have a more intuitive grasp, pushing the system toward a better direction.In today's construction of a harmonious society, harmonious world concept, in the judicial practice concept of practice of criminal reconciliation, bold practice diversified dispute settlement mechanism, it is particularly important to restore the victim and the offender of social relations. Accumulate around the practice reform efforts, relying on the study of the theory of the experts and scholars, within the framework of the existing laws and regulations to complement, will start in the Chinese traditional culture and absorb the achievements of foreign criminal reconciliation system in the practice of vitality, play a more important role.